Chat With US Immigration Attorney Nadine Brown 10/25/2007

[BlessedLadyOfZion]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Annshan2</div><div class="ubbcode-body">Is it better to married in Jamaica or file for fiance visa; which is easier and how long is it either way ? </div></div>yaw married??? [img]/forums/images/%%GRAEMLIN_URL%%/popcorn.gif[/img]

[Pepper]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Ja. Jewel</div><div class="ubbcode-body">If I overstayed on my last visa and am married to a Jamaican (I'm American),(didn't have my paperwork from Kingston done yet the last trip I made), but plan to get it before I go back to US, can immigration officials do anything to me?

I did have my marriage license and tax papers from property I own here when I came last trip but didn't seem to matter to the official I was dealing with. </div></div>

Are congratulations in order? [img]/forums/images/%%GRAEMLIN_URL%%/70365-flirt.gif[/img]

[Pepper]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

Ms Brown,
Thanks for taking the time to answer our questions.

My question is:

Has there been an additional step added to the process when parents file for their children? A mother is filing for her two daughters, and she is almost at the end of the process. Immigration has now requested that she provide proof that she has custody of her children, or proof that the father's are OK with them migrating. Is that new? Also, one of the dad's is dragging his feet in getting the papers back to her. Can that child's visa be denied if he takes too long, or is there something else she can do to go around him?

Thanks for any info you can supply.

[Niecie]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

Hi Ms Brown,

My friend has a very unique situation (i think). He left Jamaica at the age of 15 to live with her sister who was in the military and stationed in Germany. She attended a Department of Defense high school and earned her diploma. At the end of her tour in Germany the sister was placed on orders to return to the States. The US military allowed my friend to enter the country on a military flight but immigration did not stamp her passport. After being in the States for about a year we found out that the sister did not take any steps to file for her [img]/forums/images/%%GRAEMLIN_URL%%/mad2.gif[/img] and by that time she is over 18 years old with no SSN, has no form of ID and can't go to college. To make a long story short, she just recently got married to an active duty soldier in the US Army and he is a natural born citizen. What are her chances of getting her green card without having to go back to Jamaica to await the process. I hope i made sense [img]/forums/images/%%GRAEMLIN_URL%%/70392-silly.gif[/img]

[BlessedLadyOfZion]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Pepper</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Ja. Jewel</div><div class="ubbcode-body">If I overstayed on my last visa and am married to a Jamaican (I'm American),(didn't have my paperwork from Kingston done yet the last trip I made), but plan to get it before I go back to US, can immigration officials do anything to me?

I did have my marriage license and tax papers from property I own here when I came last trip but didn't seem to matter to the official I was dealing with. </div></div>

Are congratulations in order? [img]/forums/images/%%GRAEMLIN_URL%%/70365-flirt.gif[/img] </div></div>Yuh nuh. I am finding out nuff in here.

[GhettoGurl]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

<span style='font-family: Comic Sans MS'>Just what I needed...

Miss Brown, I am moving to the US from teh Caribbean, I obtain a Dutch passport... Is it true that an American (with the available funds) can sponsor me? They say they can sponsor me and that would allow me to get a working visa.. is this true?</span>

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

Good Morning Ms. Annshan,

Your question is a good one, but really it depends on what is best for you. If you want to marry in Jamaica then you will have to leave your spouse behind, return to the US and then file a K-3 visa for him. If you want to marry in the US, then you will file for a K-1 fiance visa. How long you can bear to be separated will make the difference. K-1 Fiance Petitions are taking abnormally long times...maybe a year or more...but there may be benefits to this as there are always pros and cons of each visa category. The K-3 on the other hand may take less than a year to get him here. Hope this helps. If you need more information, the I suggest you read up more on each type of visa or contact me for a consultation.

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

Hello Ja. Jewel,

I am not sure I understand your question. Will you have problems with Jamaican Immigration officials or US Immigration officials? Regardless of which country you travel to, be sure to maintain your status within the time given. If you overstayed your visa in Jamaica, they may or not be as strict as the United States are for foreigner travelers. So, you take your chances when you travel. Also it depends on how long you overstayed. They may make exception for you if it was brief and an oversight, but also being married to a Jamaican, you may be required to process the proper paperwork to gain Jamaican residency or citizenship. Contact the Jamaican embassy to find out more about their residency requirements if this is in your future plan. Additionally, if you are a US citizen, I hope you are in the process of sponsoring your husband so he has the freedom to come to the US if you all decide you want to live here!

Take Care,

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

Hi Pepper,

There are new policies when it comes to children migrating. Because of the Hague Convention, which is a treaty, to which the US signed and has begun rigidly enforcing, children who are migrating to the US must have the approval of a non-custodial parent. This is to diminsh or eliminate the possibility of any "kidnapping" or child abduction issues. This has come to the attention of immigration officials because of human trafficking issues, illegal adoption rackets and child snatching. So, unfortunately for the single mom who has baby daddy drama, she must get the consent of the biological father unless there is already a custody order issued by a court of lawful jurisdiction. If daddy drags his a** in getting a letter or notarized statement to mommy, when child goes to the Embassy, YES, the consular officer can deny the visa! Tell her to light a fire under his a** so that he does not jeapardize his child's future opportunities. It should be noted that visa applications can stay up to one year at the US Embassy before they are trashed, but you don't want to wait until the last minute because the system does NOT reward procrastination!

Good Luck,

[Pepper]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: NBrown</div><div class="ubbcode-body">Hi Pepper,

There are new policies when it comes to children migrating. Because of the Hague Convention, which is a treaty, to which the US signed and has begun rigidly enforcing, children who are migrating to the US must have the approval of a non-custodial parent. This is to diminsh or eliminate the possibility of any "kidnapping" or child abduction issues. This has come to the attention of immigration officials because of human trafficking issues, illegal adoption rackets and child snatching. So, unfortunately for the single mom who has baby daddy drama, she must get the consent of the biological father unless there is already a custody order issued by a court of lawful jurisdiction. If daddy drags his a** in getting a letter or notarized statement to mommy, when child goes to the Embassy, YES, the consular officer can deny the visa! Tell her to light a fire under his a** so that he does not jeapardize his child's future opportunities. It should be noted that visa applications can stay up to one year at the US Embassy before they are trashed, but you don't want to wait until the last minute because the system does NOT reward procrastination!

Good Luck, </div></div>

Thanks Ms Brown, I will be sure to pass on the info.

[Dr.Dudd]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007


Hi Nadine,I acted as a guarantor for an immigrant. He now has his 40 quarters of social secirity. How does he get the social security certification that the INS requires to release me of my responsibillity?
Thanks.

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

Good Morning Niecie,

All is not lost for your friend. For most people it may be, but because she entered on a military flight there may be something she can do. IF, she can prove she was inspected by a US Immigration or Customs officer she may have a chance. In order to apply for a Green Card, she will have to show proof of entry. The easiest way to do this is to obviously have your passport stamped and be given an I-94 arrival/departure record. If she doesn't have this, then she can try to prove her entry by using the plane ticket stubs and prepare a notarized affidavit. It will be difficult for her, but perhaps officials within her sister's company can also prepare statements that she was on the military flight. A passenger manifest. This is a stretch, but that is her only option otherwise she will have difficulty adjusting her status without proof of lawful entry or inspection at entry. So, the key is proof of entry and then she can apply through her marriage. If no proof, she can still begin the process but completing it will be a challenge. Also, it depends on what type of passport she entered with...She really needs to consult with an Immigration Attorney, but on her own, if she find proof of entry as stated above, she would be ok, ok?

Good Luck,

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

Hi GhettoGurl,

There is a lot of information and misinformation floating around. Sponsorship requires some sort of connection between the Sponsor and the beneficiary. Usually the connection is a family (blood or marriage) relationship. In some cases it can be an employer-employee relationship. It varies from case to case. Only some ("immediate") family members can be sponsors if they are US citizens or lawful permanent residents. Employment is a different story all together...look back at some of the articles I've posted on Jamaicans.com for some more information. But generally speaking not just anyone can sponsor you, sorry. An even with an employment visa, the employer has to really show that they've tried to find suitable American workers but can't.

Good Luck,

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

Hello Mr. Dudd,

Once an alien has earned 40 quarters (approximately 10 years), then you are released automatically. It is by operation of law. If he gets an annual Social Security Statement that will tell you when he has achieved 40 quarters. There is nothing you need to do. The financial responsibility for alien's are to ensure that they will not become a public charge, so, that being said, if he works and can take care of himself you are off the hook! Sleep easy! Be Cool

Cheers!

[springflower]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/20

Hello.

How do you file for stepchildren on a k2, they were in the original k1 and listed as follow to join. Someone said to call the Kingston embassy and that will be hard to do because of long distance and not getting through. what papers have to get filed? And the fathers name is on the birth certificate but their last name on it is not listed as his will that be a problem especially since in the k1 their last name is listed as his?